LAWS(ALL)-2004-4-32

UNION OF INDIA Vs. MEERA KUMARI

Decided On April 20, 2004
UNION OF INDIA Appellant
V/S
MEERA KUMARI Respondents

JUDGEMENT

(1.) This appeal is directed against the judgement and award dated 10.8.1999, passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow in Accident Case No.0A9800145, whereby the Tribunal awarded compensation to the tune of Rs. 4,00,000/-to the respondent no.1 widow of late Sudhir Kumar Gupta and her children.

(2.) Learned Counsel for the appellant has contended that the Tribunal has erred in awarding the compensation to the respondents-claimants overlooking the fact that the deceased was not a bonafide passenger and the unfortunate happening took place when the deceased was trying to board a speedy train at Maitha Railway Station, he could not board the said train and fell down, as a result of which he sustained injury and succumbed to death. According to him, as a matter of fact that by trying to board a speedy train he committed criminal offence as defined under S. 153 and 154 of the Railway Act. Learned Counsel for the appellant further contended that the Tribunal has committed an error in holding that there is material to say that the case falls under the definition of an untoward incident.

(3.) Relying upon the decision in the case of Union of India and others Vs. Sunil Kumar Ghosh; AIR 1984 SC 1737 and a decision of this Court in F.A.F.O. no. 277 of 1999; Union of India Vs..Smt. Jameela , learned counsel for the appellant contended that it is incorrect to say that the case falls within category of untoward incident and thereby the Tribunal committed an error in awarding compensation. In Sunil Kumar Ghosh (supra) it has been held that an event or occurrence, the happening of which is ordinarily expected in the normal course by almost every one undertaking a rail journey cannot be called an accident.